The Factories Act , 1948 |
Introduction, Objective and Applicability of the Act |
The Factory Act 1948 is an important legislation passed by the Indian government to regulate and ensure better working conditions in factories. It aims to provide for the health, safety, welfare, and working hours of workers in factories, and to prevent the exploitation of workers. The Factories Act came into force on 1st April, 1949. It extends to the whole of India including J&K. The Act applies to all factories engaged in any manufacturing process, with 10 or more workers using power and 20 or more workers without the use of power. The Act lays down various provisions related to the health, safety and welfare of workers, including: 1. Provisions related to the registration of factories, submission of plans and approval of plans by the Chief Inspector of Factories. 2. Provisions related to working hours, including maximum weekly hours of work, and rest intervals. 3. Provisions related to employment of women and children, including the prohibition of the employment of children under 14 years of age and restrictions on the employment of women during night shifts. 4. Provisions related to the health and welfare of workers, including clean drinking water, adequate ventilation and the provision of first aid facilities. 5. Provisions related to safety measures, including the provision of fire extinguishers, fencing of machinery and proper handling of hazardous substances. 6. Provisions related to penalties and punishments for violation of the Act, including fines and imprisonment. Overall, the Factory Act 1948 is an important legislation that helps to ensure the safety, health, and welfare of workers in factories. It has played a key role in improving the working conditions of factory workers in India. |
Some Important Definitions:
Description | Section | Definition | |||
Adult | Section 2(a) | A person who has completed 18 years of age. | |||
Child | Section 2(c) | A person who has not completed his 15th year of Age | |||
Young Person | Section 2(d) | A person who is either a child or an adolescent | |||
Day | Section 2(e) | A period of twenty four hours beginning at midnight. | |||
Week | Section 2(f) | A period of seven days beginning at midnight on Saturday Night. | |||
Power | Section 2(g) | Electrical Energy or any other form of energy which is mechanically transmitted and is not generated by human or animal agency. | |||
Machinery | Section 2(j) | The term includes prime movers, transmission machinery and all other appliances whereby power is generated, transformed, transmitted or applied. | |||
Factory | Section 2(m) | The Act applies to all factories engaged in any manufacturing process, with 10 or more workers using power and 20 or more workers without the use of power. But does not include: Mine under the Mines Act, 1952 Railway running shed, or Hotel, restaurant or any other eating place. Exhibition of cinema films. | |||
Manufacturing process | Section 2(k) | A process for, (i) Making, altering, repairing, ornamenting, fishing, packing, oiling, washing, cleaning, breaking up, demolishing, or otherwise, treating or adopting any article or substance with a view to its use, sale, transport, delivery or disposal. (ii) Generating, transforming, transmitting, power. (iii) Pumping oil, water or sewage or any other substance. (iv) Preserving or storing any article in cold storage. (v) Making bidies, ginning and processing cotton, mouling and transforming raw cinematography films into a finished product. (vi) Pasteurisation of milk for sale, Removal of outer cover of coffee seeds. Does not include: (i) Any preliminary packing of raw materials for delivering it to the factory. (ii) Finished goods and packing thereof. (iii) Exhibition of films process. | |||
Occupier | Section 2(n) | Occupier is a person who has ultimate control over the affairs of the factory. | |||
Statutory Agencies | |||||
Inspectors | Section 8 | ||||
Powers of Inspectors | Section 9 | ||||
Safety Officer | Section 40B | The state government can direct the occupier of the factory to employ such a number of Safety Officers where more than 1,000 workers are employed or where manufacturing process involves risk of bodily injury, poisonous or disease or any other fear of health hazard. | |||
Welfare Officer | Section 49 | Where 500 or more workers are employed, it's an obligation upon the occupier to appoint a Welfare Officer. | |||
Health Measures | |||||
Cleanliness | Section 11 | Dirt and Refuse should be removed daily, floor of workroom shall be cleaned at least once in every week by washing, using disinfectant. | |||
Ventilation & Temperature | Section 13 | Effective and suitable provision shall be made in every factory for securing and maintaining in every workroom (a) Adequate ventilation by the circulation of fresh air, (b) Such a temperature as will secure to workers therein reasonable conditions of comfort and prevent injury to health | |||
Overcrowding | Section 16 | Minimum working space for each worker is 14.2 cubic metres. | |||
Drinking Water | Section 18 | Every factory should make effective arrangements for sufficient supply of drinking water for all workers in the factory. Water should be free from impurities and should be supplied at suitable points convenient for all workers. | |||
Latrines & Urinals | Section 19 | (i) Every factory should make effective arrangements for Latrines & Urinals for all workers in the factory. (ii) Separate arrangements shall be made for male and female workers. (iii) A sweeper shall be employed whose exclusive job will be to maintain the cleanliness. | |||
Spittoons | Section 20 | Every factory should have a sufficient number of spittoons situated at convenient places, where 250 or more employees are there. | |||
Safety Measures | |||||
Hoist & Lifts | Section 28 | Every hoist and lift should be thoroughly examined by a competent person at least once in every period of six months. Maximum safe working load shall be marked. | |||
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First Aid appliances | Section 45 | For every 150 workers at least one first aid box or cup board should be maintained. Where more than 500 employees are there, an Ambulance Room should be provided and maintained by every such factory. | |||
Canteens | Section 46 | Wherein more than 250 workers or more employees are employed, a canteen shall be provided. | |||
Shelters, rest rooms and lunch rooms | Section 47 | Wherein more than 150 workers or more employees are employed. | |||
Creches’ | Section 48 | Wherein more than 30 women workers are ordinarily employed, the facility of suitable rooms should be provided for the use of children under the age of 6 years of such women. | |||
Welfare Officer | Section 49 | Wherein 500 or more workers are employed, a Welfare Officer should be employed. | |||
Working Hours for Adults | |||||
Weekly working hours | Section 51 | An adult shall be allowed to work only for 48 hours in any week. | |||
Weekly Holidays | Section 52 | There shall be a holiday for the whole day in every week and such a weekly holiday shall be on the first day of the week. In any circumstances no adult shall work for more than 10 days consecutively without a holiday for the whole day. | |||
Daily Hours | Section 54 | An adult worker (male or female) shall not be required or allowed to work in a factory for more than 9 hours on any day, weekly hours should not exceed 48 hours. If working more than 48 hours weekly or 9 hours a day, that employee shall be entitled for overtime wages. | |||
Interval of rest | Section 55 | No adult shall work continuously for more than 5 hours unless a rest interval of at least half an hour is given to him. | |||
Spread Over | Section 56 | Inclusive of a rest interval, the working hours should not be spread over 10.5 hours. The time limit may be extended up to 12 hours by the Chief Inspector for reasons to be specified in writing. | |||
Night Shift | Section 57 | (i)Shift extended beyond midnight comes in the purview of Night Shift. (ii) The weekly or compensatory holiday shall be a period of 24 consecutive hours beginning when his shift ends. | |||
Restrictions on employment of women | Section 66 | (i) No woman shall be allowed to work in any factory more than 48 hours in any week or 9 hours in a day. (ii) Women workers shall not be employed except between the hours of 6 a.m and 7 p.m. | |||
Employment of Young Persons | |||||
Working Hours for Children | Section 71 | A child shall not be permitted to work for more than 4.5 hours in any day. | |||
Annual Leave with wages | |||||
For Adults | 1 Day for every 20 days of work performed during the previous year. | ||||
For Children | 1 Day leave for every 15 days of work performed during the previous year. | ||||
A quick bite to frequently asked questions
Particular | Minimum Number of Employee Required / Frequency |
Welfare Officer | 500 or more workers |
Safety Officer | 1,000 or more worker |
Dirt & Refuse | Daily |
Paint, whitewash (Non washable Paints) | Every period of 5 years |
Paint, whitewash (washable Paints) | Every period of 3 years |
Cooling Drinking Water | 250 or more workers |
Spittoons | 250 or more workers |
First Aid | One first Aid on every 150 workers |
Ambulance Room | 500 or more workers |
Canteens | 250 or more workers |
Shelters, rest rooms and lunch rooms | 150 or more workers |
Creches | 30 women or more |
